court costs

pollyanna1052

Just wondering.....who pays the court costs when  PIP case goes to tribunal?

If the case is unsuccessful, does the claimant pay it?

If it is successful, does DWP pay it? If so, is this why they sometimes offer a claimant an award BEFORE it goes to tribunal after it has been set?

zakblood

it's free, the Government pays either way win or lose, and if you win, it's backdated from when you started, so win win to go tbh, lose makes no difference, just less money and more stress

pollyanna1052

Thanks...it occurred to me after reading a new post from someone in that situation.

Misscleo

Hi what's criteria for get legal aid in 2019

Jurph

It's effectively one government department (Ministry of Justice) paying the fees of another government department (Department of Work and Pensions).

The MOJ have complained about this is as it comes out their budget. They're underfunded and understaffed - meaning many people wait well over a year for a tribunal date.

zakblood

mine is just under 6 months, and so far as other bodies haven't returned my papers or done there work, won't be ready by the 26th of November, and i've asked for it to be delayed, but as of yet after a week waiting, heard nothing as a reply, so seems the answer is no, but i'll go all the same and show them what i have, and also mention everyone who i am still waiting for, as i start a job in January, so careless now either way

poppy123456

Misscleo said:

Hi what's criteria for get legal aid in 2019

You don't need legal aid for a Tribunal for a benefit claim.

Adrian_Scope

Hi @pollyanna1052, thanks for asking this. I've always found the topic interesting!

Adrian_Scope

Misscleo said:

Hi what's criteria for get legal aid in 2019

As Poppy said, you don't need legal aid for a benefit appeal tribunal. However in case you were asking for something else, there is some information on the Gov site here: https://www.gov.uk/legal-aid/eligibility

mikehughescq

There are no court costs because a tribunal is not a court. You can get legal aid to prepare a tribunal but it’s not available for representation on the day. This is why many Citizens Advice no longer represent. 

It is not accurate to say that the MOJ have complained about paying DWP costs. HMCTS is part of the MOJ and was set up explicitly to hear appeals of DWP decisions. At the very top end of this independence does get a little muddied because in fact DWP do fund tribunals in part albeit indirectly. However, if DWP were to fund tribunals directly then independence would be fatally compromised. It would be patently stupid of HMCTS to complain that they wanted finding from the very organisation people want to complain about.